Use of land
23Applications by owners etc for public path orders
1
The Highways Act 1980 is amended as follows.
2
In section 118ZA(1) (which makes provision for owners, lessees or occupiers of certain land to be able to apply for a public path extinguishment order), after “horses” insert “
, or of any land in England of a prescribed description,
”
.
3
In section 119ZA(1) (which makes provision for owners, lessees or occupiers of certain land to be able to apply for a public path diversion order), after “horses” insert “
, or of any land in England of a prescribed description,
”
.
4
In section 121E(1) (which specifies the duties of the Secretary of State on certain appeals relating to the extinguishment or diversion of public paths), after “section 121D(1)(a) above,” insert “
in relation to an application made under section 118C or 119C above or an application made under section 118ZA or 119ZA above to a council in Wales,
”
.
5
After section 121E(1) insert—
1A
Where an appeal to the Secretary of State is brought under section 121D(1)(a) above, in relation to an application made under section 118ZA or 119ZA above to a council in England, the Secretary of State shall either—
a
determine not to make an order on the application, or
b
take the steps mentioned in subsection (1)(a) to (c).
1B
Where the Secretary of State determines under subsection (1A)(a) not to make an order, the Secretary of State shall inform the applicant of the decision and the reasons for it.
6
In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “
or (1A)(a)
”
.